LEGAL PRINCIPLE: EVIDENCE LAW – Wrongful Rejection of Evidence – Appellate Court May Consider Wrongly Excluded Evidence on Appeal
PRINCIPLE STATEMENT
An appellate court will set aside a decision where evidence was wrongfully excluded if it cannot reasonably hold that the decision would have been the same had the evidence been admitted. It is immaterial that the appellant failed to request admission at trial.
RATIO DECIDENDI (SOURCE)
Per Mohammed, JSC, in Okobia v. Ajanya (1998) NLC-1321995(SC) at p. 12; Paras A–B.
"An appeal court will set aside the decision of a trial court which has wrongful excluded evidence in the trial if the appeal court cannot reasonably hold that the decision would have been the same if the wrongfully excluded evidence had been admitted. It is immaterial that the appellant failed to request the admission of the evidence at the court below."
EXPLANATION / SCOPE
Wrongful exclusion of evidence is a ground for reversal if it affected the outcome. The appellant need not have requested admission. The principle applies the harmless error test. The appellate court will examine whether the evidence could have changed the result. The rule applies to both civil and criminal cases. The burden is on the appellant to show that the evidence was admissible and material. The court will consider the excluded evidence. The principle ensures that decisions are based on all relevant evidence.